Los Angeles Reckless Driving Defense Attorneys

What is Reckless Driving?

Reckless driving in California is a serious traffic offense defined under California Vehicle Code (CVC) section 23103. According to this law, reckless driving is operating a vehicle on a highway or in an off-street parking facility with willful or wanton disregard for the safety of others or property. In simpler terms, it means driving in a manner that shows a blatant and intentional disregard for the safety of others.

To prove reckless driving beyond a reasonable doubt, the prosecution must establish specific elements of the offense. These elements may vary slightly from one jurisdiction to another, but in California, the typical elements required to prove reckless driving are as follows:

1. Operation of a Vehicle: The prosecution must show that the defendant was operating a motor vehicle, such as a car, truck, motorcycle, or any other vehicle that requires a driver’s license to operate.
2. On a Highway or in an Off-Street Parking Facility: The reckless driving must have occurred on a public highway or an off-street parking facility accessible to the public.
3. Willful or Wanton Disregard for Safety: The crucial element is demonstrating that the defendant’s driving behavior showed a willful or wanton disregard for the safety of others or property. This means that the driver acted with conscious or intentional indifference to the potential risks and dangers associated with their actions.
4. Proof of Reckless Behavior: The prosecution must provide evidence that supports the reckless behavior, which could include, but is not limited to:
   • Excessive Speeding: Driving at a speed substantially higher than the posted speed limit or driving too fast for the road and traffic conditions.
   • Racing: Engaging in an unauthorized race or speed contest on public roads.
   • Drunk or Impaired Driving: Operating the vehicle under the influence of drugs or alcohol, leading to reckless behavior.
   • Aggressive Driving: Tailgating, weaving in and out of traffic, or displaying aggressive driving maneuvers.
   • Running Red Lights or Stop Signs: Failing to obey traffic signals and signs.
   • Engaging in Stunts: Performing dangerous and risky maneuvers, such as donuts or drifting on public roads.
   • Texting or Distracted Driving: Using a cell phone or being distracted while driving, leading to reckless behavior.
5. Absence of Lawful Reason: The prosecution must show that there was no lawful reason or legitimate emergency that would justify the reckless driving behavior.

Proving reckless driving beyond a reasonable doubt requires the prosecution to present strong and credible evidence that supports each of these elements. If the evidence is not sufficient to meet this high burden of proof, the defendant may not be convicted of reckless driving.

What are the Penalties If Convicted of Reckless Driving in California

Unlike speeding and other traffic violations, reckless driving is considered a misdemeanor offense in California. If convicted, a person may face up to 90 days in county jail, a fine ranging from $145 to $1,000, two points to your driving record, as well as potential driver’s license suspension and vehicle impoundment.

Why Choose Us?

When you choose Lessem, Newstat & Tooson, LLP, you can expect personalized attention and unwavering dedication to your case. Our goal is to protect your rights and minimize the potential consequences of a reckless driving conviction.

We will work diligently to negotiate with prosecutors for reduced charges or alternative sentencing options whenever possible. If necessary, we are fully prepared to take your case to trial and vigorously advocate for your innocence in front of a judge and jury.

If you are facing reckless driving charges in Los Angeles, don’t wait to seek legal representation. Contact Lessem, Newstat & Tooson, LLP today at (818) 643-3093 or fill out our online contact form to schedule a free consultation.